QUESTION
What do we do if after buying a land contract, the seller has filed eviction paperwork?
Asked on Oct 07th, 2013 on Estate Planning - Michigan
More details to this question:
We are buying our home on Land Contract. The seller owes his ex-wife money from their divorce. We received garnishment paperwork from her lawyer to garnish our monthly payments from seller and have been asked to send payments to his ex. In the meantime I have stopped all payment to seller until I hear back from my own lawyer. We don't want to be in default with his ex, nor with seller. We have been on time with all of our payments to seller and have current money owed set aside, as well as garnishment paperwork to present to judge if it goes that far. I need to know which person we will be in default with, it seems to be no way around it.
4 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Pay what is due via the garnishment. Hold the money notify the seller per the garnishment procedures. He can fight the garnishment timely if he has a reason to do so and he will get a court order nullifying the garnishment. If he does not fight it you pay the garnishment you will not be in default if you pay per the garnishment and he will not be able to evict you.
Answered on Oct 09th, 2013 at 8:25 AM
Disclose the debt, if a payment is due at the time you were served, and, regardless, the land contract and await the court's decision on who to pay.
Answered on Oct 09th, 2013 at 3:56 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You are in a tough position, caught between two parties, either of which may be entitled to the funds. One option *might* be to pay the money into court and let the judge decide. Either way, you appear to have an attorney, so that is who you should let determine how best to proceed.
Answered on Oct 09th, 2013 at 3:42 AM
Municipal Law Attorney serving Paw Paw, MI
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Mark A. Manning, P.C.
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Who is the seller on the land contract? Husband , Ex Wife or both? If both your lawyer may need to file an interpleader action for clarification from the Court as to who is to receive payments and who is responsible to provide you with a deed and clear title when the land contract is paid in full.
Answered on Oct 09th, 2013 at 3:41 AM